Irving Guardianship Attorney

Grand Prairie Family Law and Probate Lawyer for Assistance With the Guardianship Process

Making the decision to establish guardianship over a loved one can be a difficult choice. However, it is sometimes a necessary one. Under some circumstances, establishing guardianship is the best way to protect a family member who lacks the capacity to appropriately care for themselves and make financial or health care decisions. To establish guardianship, there are a few steps you will need to carefully follow in order to show the court that guardianship is necessary and appropriate.

The Law Office of Dennis R. Croman, Inc. can guide you through the process of becoming a guardian. We want to help you help your loved one. The process of establishing guardianship can be tricky, but we are very familiar with it, and we can help you through it. Once guardianship is established, our lawyer can also assist with any ongoing issues that may arise.

Legal Guidance in Deciding to Pursue Guardianship

Deciding whether guardianship is necessary for your loved one is not easy - initiating most family law proceedings can be emotionally challenging. Some would-be guardians are worried that the incapacitated person (ward) will be upset about the loss of independence. For others, it is quite clear that guardianship is absolutely necessary for the ward's personal and financial safety.

Texas state law offers some guidance regarding the situations in which guardianship is appropriate. In our state, a person is considered incapacitated if, due to a physical or mental condition, they are substantially unable to provide for their basic needs, including food, clothing, and shelter, or if they cannot care for their own physical health or manage their own financial affairs.

You should also know that incapacity can be partial or total and that the power of a guardian can be limited accordingly. Additionally, if you are seeking guardianship for a child, the process will be quite different than establishing guardianship for an adult.

Attorney for the Guardianship Process in Dallas

The process begins when The Law Office of Dennis R. Croman, Inc. files an application for guardianship on your behalf. The proposed ward will need to be evaluated by a doctor who can certify that they are indeed incapacitated. The ward, along with certain other close family members who may have an interest in the case, will be notified.

An attorney ad litem will be appointed to represent the proposed ward. This attorney serves roughly the same purpose as the guardians ad litem who are sometimes appointed when children are involved in court proceedings.

We will then appear in court with you, as well as the attorney ad litem and, if possible, the proposed ward. We will represent you during the hearing, where you will testify about why the guardianship is needed. If the court agrees that guardianship is necessary, you will sign a document under oath promising to fulfill your duties as guardian. You will be required to post a bond. Then, you will be issued letters of guardianship, which will need to be renewed after 16 months. You will need to file an annual report with the court.

The Two Types of Guardianships in Texas

There are two different types of guardianships - guardianship of the person and guardianship of the estate. Guardians of the person manage personal decisions, like where the ward will live and how they should be cared for. Guardians of the estate manage the ward's financial affairs, including Social Security benefits. Both roles can be fulfilled by the same person.

Call a University Park Guardianship Lawyer

If you are ready to take the step of establishing guardianship for an incapacitated loved one, The Law Office of Dennis R. Croman, Inc. can help. We will guide you through the entire process of establishing guardianship, and we can provide continuing support as you file the required annual reports. Contact us online or call us at 972-887-3072 to arrange a complimentary consultation.